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out that we caught those whose hope for survival is small and
sacrificed those who could certainly have been saved.
To question 2:
In spite of the fact that the officer acted against the halacha by
insructing the personnel carrier staff to rescue the wounded whose LEAVING A SAFE PLACE
chances of survival are very small, nevertheless, he does not have to 114 AT THE TIME OF AN
go into exile since a situation of fear is similar to coercion, for which ATTACK IN ORDER TO
one is exempt. SAVE THE WOUNDED
To question 3:
If a minor is pursuing another, to kill him, we can rescue the
pursued by killing the pursuer. This indicates that even though the
minor does not yet have intelligence and does not know he is killing 1 Question Leaving a Safe Place in ORdeR to Save the Wounded
someone, one still kills him to save the life of the pursued. According
to this, perhaps one should kill the pilot, because he is no better than A sick or wounded person is lying in a place where it would be danger-
a minor, who does not know that he is killing, but, nevertheless, we ous to approach him due to enemy shooting. A small distance away,
kill him in order to save the life of the pursued. in a safe place, there is a physician. Does halacha obligate him to leave
According to the view of the Talmud Yerushalmi, that the reason this place and endanger himself in order to save the wounded man?
we do not kill a fetus who extruded his head and is endangering the It is obvious that if he doesn’t receive help urgently, he will die. Is the
mother is because we do not know who is pursuing whom, in our doctor allowed to conduct himself according to the principle of “Your
case, where it is clear that the pilot is pursuing his brethren, one can life takes precedence” and thus be exempt from endangering himself?
kill him. Dr. Dov Ehrlich, Medical officer in the Gaza area
However, according to Tiferes Yisrael, if the pursuer does not in-
tend to kill and does not know that he is killing, and is also obeying 1 AnsweR
the halacha, he is not defined as a pursuer, in which case it is prohib-
ited to kill the pilot. We learn in the Shulchan Aruch (Choshen Mishpat #426): If one
It’s possible that even if we do no accept the view of Tiferes Yisrael, sees one’s friend drowning in the sea or being attacked by robbers or
it is still forbidden to kill the pilot, because his intention is to save gored by a wild animal, and is able to save him but does not do so,
Jews, and he is even endangering his own life to do so. Therefore, he is he violates the prohibition of “Do not stand idly by the blood of your
not a pursuer and it is forbidden to kill him. That is what my father- fellowman.” What is the halacha if the victim is swept into the current
in-law, Rav Y. S. Elyashiv zt”l, said. of the sea and will certainly die if he is not saved immediately? On the
If there is another person with the pilot who is not involved in the other hand, the rescuer may also drown. Is a person obligated to put
killing of Jews on the ground, it is certainly forbidden to shoot down himself in possible danger in order to save his friend from definite
the plane, and there is no allowance to kill one person to save many danger?
others. The Talmud Yerushalmi says he is obligated to place himself in pos-
408 1 Medical-HalacHic Responsa of Rav ZilbeRstein Leaving a Safe Place in Order to Save the Wounded 2 381
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